Intellectual Property Magazine
Copyright infringement case dropped by music publishing group
US
Catherine White-staff reporter
Google has settled a copyright infringement suit filed by music publishers who claim the company's YouTube website used music videos without permission.
Announcing it was dropping an appeal of a US lower-court ruling that rejected the claim, the National Music Publishers Association (NMPA) said that the settlement allows music publishers to form licensing agreements with YouTube and receive royalties. Details of the agreement were not disclosed.
NMPA president David Israelite said, "We are pleased to have resolved NMPA's litigation claims and to work with YouTube in providing a new licensing opportunity for songwriters and publishers. This is a positive conclusion for all parties and one that recognises and compensates the work of songwriters and publishers going forward."
The NMPA was a plaintiff in a companion suit to one filed in 2007 by media group Viacom, which charged that YouTube violated copyrights by allowing users to upload videos of music, TV shows and sports events without permission.
However, a US district court ruled last year that YouTube was not liable for infringement because it removed unauthorised videos when informed about them.
President Gary Churgin of NMPA's subsidiary Harry Fox Agency (HFA) said of the deal, "We are excited to be working with YouTube, and our participation in this landmark deal is a testament to our continued commitment to bringing to market innovative licensing solutions."
The appeal of the District Court ruling by Viacom remains in effect and arguments in the appeal are expected to take place before the end of this year.
The NMPA, along with YouTube and music publishers including Edward B Marks Music Company, "filed a notice to dismiss their appeal" in the US Court of Appeals for the Second Circuit.
Commenting on the settlement, YouTube said on its blog, "With today's deal we're continuing our recognition of songwriters for their artistic contribution by supporting them with an additional revenue stream to help their future creative pursuits."
Labels represented by the NMPA which do not wish to be part of the agreement have been given until the middle of September to opt out of the deal.